Pontardawe and Swansea Angling Society

© 2009-17

Development Consent Order

This involves 6 stages:

Pre-application.

During this stage the developer has to consult on the proposal, including the necessary environmental impact assessment (EIA) etc. PINS guidance says that “The overriding intention of the legislation is to ensure that detailed matters are consulted upon and solutions or mitigation negotiated with the local community, landowners, statutory consultees and local authorities before submission of the application for development consent.”

For details of the progress of this stage click here…

Application Acceptance.

This stage starts with the submission of an application for consent. The Secretary of State then has 28 days to decide whether the application meets the necessary standards and can go forward for examination.

For details of the progress of this stage click here…

Pre-examination.

During this stage the applicant has to give notice that the application has been accepted and publicise the arrangements for making representations. Persons wanting their views to be taken into account by the Examining Authority (ExA) have a limited time to register with PINS and make a Relevant Representation, setting out their interest in the project and the gist of their views on the proposal.

The ExA then has 21 days to review the application and representations, identify the principal issues for examination and invite interested parties to a Preliminary Meeting to consider how the application will be examined. The merits or otherwise of the application are not discussed at the meeting, which is purely procedural.

Following the Preliminary Meeting, the ExA issues a procedural decision including the timetable for the various stages of the examination (including the periods allowed for submission of further written evidence and any hearings the ExA has decided to hold).

For details of the progress of this stage click here…

Examination.

The ExA has 6 months from the date of the Preliminary Meeting to complete the examination, a formal legal process, during which all important and relevant matters are considered, including the representations of interested parties, evidence submitted and questions answered.

During the examination interested parties can provide further written evidence about the issues identified in their representations.

The ExA can put written questions to the applicant and other interested parties to clarify points made in representations or seek additional information.

Interested parties also have the opportunity to comment on the representations of others, and to respond to any comments made on their representations. The deadlines for this will be in the examination timetable.

Whilst mainly a written process, in certain circumstances hearings may be held.

For details of the progress of this stage click here…

Decision. The ExA then has 3 months to report on the application to the Sec of State, with a recommendation. The Sec of State then has 3 months to decide whether to grant or refuse development consent.

For details of the progress of this stage click here…

Post-decision. Following the Sec of State’s decision, there is a six week period in which the decision may be challenged in the High Court (Judicial Review).





Marine Licence

The process for obtaining a Marine Licence is much simpler than that for the Development Consent Order.

The developer, when making an application, has to publicise it and give interested persons an opportunity to make representations to the Marine Licensing Team (MLT) at NRW.

MLT have said that they won’t take a decision until the DCO examination has been completed.

For details of the progress of this stage click here…



13 July 2017

Consents etc Required

A wide range of consents from various different bodies would be required before the developer would be able to proceed with the project. They include, amongst others:

Development Consent

As the proposal is for a Nationally Significant Infrastructure Project” (NSIP), it needs development consent under the Planning Act 2008.

Development Consent Order (DCO) applications are taken out of the hands of local planning authorities (and the Welsh Govt) and are handled by the Planning Inspectorate (PINS). The consent decision is taken by the Secretary of State for Energy and Climate Change in London.

Development consent would be dependent upon satisfactory

Environmental Impact Assessment (EIA)

in respect of fish and many other aspects of the environment

Habitat Regs Assessment (HRA)

in respect of areas designated for special protection

Water Framework Directive (WFD) Assessment

in respect of the waterbodies in which the project is to be constructed and operated but also in respect of other waterbodies linked, for example, by migratory fish.

If necessary and appropriate, WFD “derogation” might also be required (eg, if the project is incompatible with WFD objectives).

Post-Decision / Pre-Construction Requirements

If granted, the DCO would be subject to many pre-construction “Requirements”, eg agreement of Adaptive Environmental Management Plan by Councils in consultation with NRW. These could take some time.

PINS have a project page for this proposed development on their website…  

Marine Licences

Dredging, piling and construction activities in tidal waters need Marine Licences under the Marine and Coastal Access Act 2009.

Marine Licences would also be dependent upon satisfactory EIA, HRA and WFD Assessment and can be issued subject to conditions.

This is handled by the Marine Licensing Team (MLT) of Natural Resources Wales (NRW) – see their website… They have to take account of (a) the need to protect the environment, (b) the need to protect human health, (c) the need to prevent interference with legitimate uses of the sea, and such other matters as they think relevant.

Planning Permission

from local authorities for elements of the project not included in the Development Consent.

Crown Estate Lease

for the land needed

Approval of / Agreements with Electricity and Port Operators

in respect of electricity generation, grid connection, interference with port access, etc

Environmental Permits

from NRW for various onshore activities

Contract for Difference (CfD) and agreed “strike price”

for power generated

Quarry in Cornwall

for the Dean Quarry in Cornwall which has been acquired by the developer for the supply of the necessary rock:

Marine Licence

from Marine Management Organisation (MMO) in England for the new jetties and breakwater planned for a Marine Conservation Zone (the “Manacles”)

Planning Permission

from Cornwall County Council for new onshore buildings, etc



Other Websites


Tidal Lagoon Swansea Bay website…

TLSB application for Development Consent…

Planning Inspectorate website…

Marine Licensing Team website…


Contract for Difference and Strike Price

CFDs are the main policy vehicle for supporting the delivery of low carbon electricity. They provide long-term price stabilisation for developers of low carbon plant, allowing investments to come forward at a lower cost of capital.

CFDs guarantee prices for electricity generated during the contract period. TLSB are apparently seeking a 35 year contract and a strike price of £168 per Mwh, compared with less than £120 per Mwh for offshore wind in the last round of contracts - here…

Consultation by DECC on CFD negotiations for a Swansea Bay lagoon here…

Excellent response by Citizens Advice here…

Govt response to consultation here…

Dean Quarry, Cornwall

Developer’s website here…

Opponents’ (Community Against Dean Super Quarry) website here…

Click on the plan for a larger version.


Where to find things

Overview of the project and our concerns here…

Details of the consents required - this page

Progress of the Development Consent application and our involvement here…

Links to development consent documents here…

Progress of the Marine Licence application and our involvement here…